TSI
Blind to reality?
The ambiguous legal status of prostitution in India is set to become muddier as a new law threatens the existence of the world’s oldest profession. Anand Sharma, founder of Savera – an NGO engaged in improving the living conditions of prostitutes – explains to TSI why this law should be scrapped…

This is the oldest profession known to man...there is no country in this world where it does not exist. It fulfils an important need of the society, that’s why it exists. But what does it get in return, only hypocrisy and neglect and occasionally some misguided attempt to curb this ‘menace’. The latest being The Immoral Traffic (Prevention) Amendment Bill, 2006, proposed by the government to be tabled in the Lok Sabha very soon.

If this law comes into effect, prostitution will be forced to go underground and the lives of prostitutes will become more dangerous and destitute. Just take a look at the amendments proposed in the law. The biggest complaint that we have is with Section 5C of the proposed law, the section basically says that any person “found in a brothel for the purpose of sexual exploitation” can be fined upto Rs 20,000 and imprisoned for a maximum of three months. Further, the proposed law states that if that same person is caught again for a similar ‘offense’, he is liable to be fined Rs 50,000 and face an imprisonment term of no less than six months! Needless to say, if this law comes into effect it will sound a death knell for this profession.

Another proposal in the law in Section 3 states that, “Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than two years and which may extend to three years and also with fine which may extend to ten thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which shall not be less than three years and which may extend to seven years and shall also be liable to fine which may extend to two lakh rupees”. What this basically means is that the landlord of a brothel and any relative of a prostitute above 18 years of age and financially dependent on her, can be imprisoned. How stupid is that? If you want to declare prostitution illegal then do it, so we can at least contest that in the courts; it’s nothing but a roundabout way to make prostitution unviable.

Through our work at G.B. Road, we’ve been able to cut down on child trafficking prevalent in this area; this evil has been rooted out only because of our consistent efforts. We would have to deal with the same problem again if this business was made unviable. As it is, these women exist at the fringes of the society; if this law comes into effect they would be forced out on the roads, deprived of their support structure and their access to NGOs. Many would then resort to begging, or even have unprotected sex, leading to increase in AIDS cases, and years of work of various NGOs in combating the disease will be wasted.

All I’d want to say is that the time has come to look at this issue with a pragmatic eye, to realise that the need of the hour is to regulate this business and to stop trying to realise this deluded dream of a utopian society.

Amarpal Singh Malhi